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Healthcare Identifiers Regulations 2010

Authoritative Version
  • - F2016C00096
  • In force - Superseded Version
  • View Series
SLI 2010 No. 190 Regulations as amended, taking into account amendments up to Health Legislation Amendment (eHealth) Regulation 2015
These Regulations set out provisions relating to the assignment, collection, use, adoption and disclosure of healthcare identifiers.
Administered by: Health
Registered 27 Jan 2016
Start Date 15 Dec 2015
End Date 11 Sep 2017

Healthcare Identifiers Regulations 2010

No. 190, 2010

made under the

Healthcare Identifiers Act 2010

Compilation No. 3

Compilation date:                              15 December 2015

Includes amendments up to:            SLI No. 237, 2015

Registered:                                         27 January 2016

 

About this compilation

This compilation

This is a compilation of the Healthcare Identifiers Regulations 2010 that shows the text of the law as amended and in force on 15 December 2015 (the compilation date).

This compilation was prepared on 20 January 2016.

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.

Self‑ceasing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

  

  

  


Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name of Regulations..................................................................................................... 1

2............ Commencement............................................................................................................. 1

2A......... Schedule 1..................................................................................................................... 1

3............ Definitions..................................................................................................................... 1

3A......... Application of these Regulations to partnerships, trusts

.............. and unincorporated associations.................................................................................... 2

4............ National registration authorities..................................................................................... 2

5............ Identifying information.................................................................................................. 2

Part 2—Requests by healthcare provider organisations to access healthcare identifiers              5

6............ Details of responsible officers and organisation

.............. maintenance officers...................................................................................................... 5

7............ Identity of individual making request............................................................................ 5

Part 3—Collection, use and disclosure of identifying information and healthcare identifiers   7

8............ Authorisation of collection, use and disclosure—healthcare provider

.............. assisting a healthcare recipient to register...................................................................... 7

Schedule 1—Application, saving and transitional provisions                  8

Part 1—Application provisions relating to the Health Legislation Amendment (eHealth) Regulation 2015                                                                                                                                                                  8

1............ Definitions..................................................................................................................... 8

2............ Application of regulations to partnerships, trusts and unincorporated associations....... 8

3............ Requests by healthcare providers to access healthcare identifiers.................................. 8

4............ Collection, use and disclosure by a healthcare provider—registering a healthcare recipient     8

Endnotes                                                                                                                                                                 9

Endnote 1—About the endnotes                                                                                                        9

Endnote 2—Abbreviation key                                                                                                          10

Endnote 3—Legislation history                                                                                                       11

Endnote 4—Amendment history                                                                                                     12

 


Part 1Preliminary

  

1  Name of Regulations

                   These Regulations are the Healthcare Identifiers Regulations 2010.

2  Commencement

                   These Regulations commence on 1 July 2010.

2A  Schedule 1

                   Schedule 1 has effect.

3  Definitions

Note:          A number of expressions used in these Regulations are defined in the Act, including the following:

(a)    healthcare provider organisation;

(b)    individual healthcare provider.

                   In these Regulations:

ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.

ACN has the same meaning as in the Corporations Act 2001.

Act means the Healthcare Identifiers Act 2010.

evidence of identity process means the process to confirm the identity of a healthcare provider organisation’s responsible officer and organisation maintenance officer undertaken by:

                     (a)  if the responsible officer or organisation maintenance officer is an individual healthcare provider who is registered by a registration authority as a member of a health profession—the Australian Health Practitioner Regulation Agency; or

                     (b)  in any other case—the service operator.

My Health Records Act means the My Health Records Act 2012.

National Law means:

                     (a)  for a State or Territory other than Western Australia—the Health Practitioner Regulation National Law set out in the Schedule to the Health Practitioner Regulation National Law Act 2009 (Qld) as it applies (with or without modification) as law of the State or Territory; or

                     (b)  for Western Australia—the legislation enacted by the Health Practitioner Regulation National Law (WA) Act 2010 that corresponds to the Health Practitioner Regulation National Law.

Note:          The Intergovernmental Agreement for a National Registration and Accreditation Scheme for the Health Professions that was made on 26 March 2008 provides for the enactment of the State and Territory legislation mentioned in this definition.

verification service means a service (whether operated electronically or otherwise) that allows an entity to compare information relating to the identity of an entity with a government record.

3A  Application of these Regulations to partnerships, trusts and unincorporated associations

                   To avoid doubt, sections 36B, 36C and 36D of the Act apply to these Regulations, and obligations, offences and civil penalty provisions in these Regulations, in the same way as they apply to the Act, and obligations, offences and civil penalty provisions in the Act.

4  National registration authorities

                   For section 8 of the Act, each of the following registration authorities is a national registration authority:

                     (a)  a National Health Practitioner Board established by the National Law;

                     (b)  if it is authorised under the National Law to assign healthcare identifiers to healthcare providers—the Australian Health Practitioner Regulation Agency established by the National Law.

Note:          National Health Practitioner Boards and the Australian Health Practitioner Regulation Agency are expected to be established by all States and Territories under the National Law.

5  Identifying information

Identifying information—individual healthcare provider

             (1)  For paragraph 7(1)(g) of the Act, the following information is identifying information of an individual healthcare provider:

                     (a)  whether the healthcare provider is registered with a registration authority and the status of that registration (such as conditional, suspended, cancelled or lapsed);

                     (b)  whether the healthcare provider is a member of a professional association of a kind described in paragraph 9A(1)(b) of the Act and the status of that membership (such as conditional, suspended, cancelled or lapsed);

                     (c)  whether the healthcare provider is, or is likely to be, deceased;

                     (d)  whether the death of the healthcare provider has been verified;

                     (e)  whether the healthcare provider is linked to a healthcare provider organisation and, if so, the name of the organisation and the ABN and ACN of the organisation (whichever is applicable).

Identifying information—healthcare provider organisation

             (2)  For paragraph 7(2)(e) of the Act, the following information is identifying information of a healthcare provider organisation:

                     (a)  whether the organisation is registered under Division 2 of Part 3 of the My Health Records Act;

                     (b)  whether the healthcare provider organisation has notified the service operator that the organisation does not wish to use a healthcare identifier, either temporarily or permanently;

                     (e)  if applicable, the organisation’s business name on the register established under section 22 of the Business Names Registration Act 2011;

Note:          Also see paragraph 7(2)(a) of the Act which states that the name of the healthcare provider is also identifying information.

                      (f)  the type of healthcare service the healthcare provider organisation provides to another healthcare provider or a healthcare recipient;

                   Examples   General practice services, public hospital services or diagnostic imaging services.

                     (g)  the name, date of birth and date of death (if applicable) of the healthcare provider organisation’s responsible officer and organisation maintenance officer;

                     (h)  the work address, email address, telephone number and fax number of the healthcare provider organisation’s responsible officer and organisation maintenance officer;

                      (i)  the identifying number assigned to the organisation’s responsible officer and organisation maintenance officer by the service operator;

                      (j)  whether an evidence of identity process has been undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer;

                     (k)  if an evidence of identity process is being undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator undertaking the process;

                      (l)  if an evidence of identity process has been undertaken for a healthcare provider organisation’s responsible officer and organisation maintenance officer—the name of the agency or service operator that undertook the process, the outcome of the process and when the process was undertaken;

                    (m)  the record that specifies the network address and technical requirements permitting electronic messages to be sent to the healthcare provider organisation;

                     (n)  any other network organisation or seed organisation within the meaning of section 9A of the Act that the healthcare provider organisation is linked to in a network;

                     (o)  whether any individual healthcare providers are linked to the organisation and, if so, the names and other identifying information of those individual healthcare providers.

Note:          Other identifying information may be required by the service operator from a healthcare provider—see section 7 of the Act.

Identifying information—healthcare recipient

             (3)  For paragraph 7(3)(i) of the Act, the following information is identifying information of a healthcare recipient:

                     (a)  the telephone number of the healthcare recipient;

                     (b)  the electronic address of the healthcare recipient;

                     (c)  whether the identity of the healthcare recipient has been verified;

                     (d)  whether a healthcare identifier assigned to the healthcare recipient has been assigned provisionally (for example, because it has not been possible to verify the identity of the healthcare recipient);

                     (e)  if information relating to the identity of the healthcare recipient has been, or is to be, verified using a particular form of identification document (such as a driver’s licence or passport), details of that document including:

                              (i)  the document number; and

                             (ii)  the State or Territory in which the document was issued; and

                            (iii)  the name of the entity that issued the document;

                      (f)  if information relating to the identity of the healthcare recipient has been, or is to be, verified by using a verification service, the response of that service to any verification inquiry in relation to the healthcare recipient;

                     (g)  whether the healthcare recipient is, or is likely to be, deceased;

                     (h)  whether the death of the healthcare recipient has been verified;

                      (i)  whether the healthcare recipient is a registered healthcare recipient for the purposes of the My Health Records Act;

                      (j)  whether the healthcare recipient is an authorised representative, or nominated representative, of another healthcare recipient, and the identity of the other healthcare recipient;

                     (k)  whether the healthcare recipient, or an authorised representative or nominated representative of the healthcare recipient, has made an election under clause 5 of Schedule 1 to the My Health Records Act that the healthcare recipient not be registered under that Act.

Part 2Requests by healthcare provider organisations to access healthcare identifiers

  

6  Details of responsible officers and organisation maintenance officers

             (1)  This regulation is made under subsections 20(4) and 25D(4) of the Act.

             (2)  A healthcare provider organisation must not request the service operator to disclose a healthcare identifier to the organisation, unless:

                     (a)  the identity of the responsible officer and the organisation maintenance officer for the organisation has been verified through an evidence of identity process; and

                     (b)  information in relation to those officers of the kind mentioned in paragraphs 5(2)(g) to (l) of these Regulations has been given to the service operator; and

                     (c)  the information is accurate, up‑to‑date and complete.

             (3)  If the service operator receives a request to disclose a healthcare identifier from a healthcare provider organisation that has made the request in contravention of subregulation (2), the service operator may refuse to comply with the request.

7  Identity of individual making request

             (1)  This regulation is made under subsections 20(4) and (5) and 25D(4) and (5) of the Act.

Information identifying individual making a request

             (2)  If a healthcare provider organisation requests the service operator to disclose a healthcare identifier to the organisation, the organisation must, if it is reasonably practicable to do so, give the service operator enough information to ensure the service operator can identify by name the individual making the request on behalf of the organisation without having to seek further information.

Example:    The information may be given as part of the data transmitted to the service operator from a healthcare provider organisation’s practice management software.

Keeping retrievable records

             (3)  If it is not reasonably practicable to give the service operator that information at the time the request is made, the healthcare provider organisation must:

                     (a)  keep a record of the identity of the individual who accessed the healthcare identifier for the organisation from the service operator; and

                     (b)  keep that record for the retrieval period for that individual; and

                     (c)  if, during the retrieval period for that individual the service operator gives the organisation notice in writing requiring the organisation to identify the individual—identify the individual to the service operator within 14 days after the notice is given.

             (4)  Each of the following is a retrieval period for an individual:

                     (a)  any period during which the individual is authorised by the healthcare provider organisation to access healthcare identifiers on the organisation’s behalf;

                     (b)  if the individual ceases to be authorised by the healthcare provider organisation to access healthcare identifiers on the organisation’s behalf—the period of 7 years starting on the day after the person ceased to be authorised.

             (5)  A healthcare provider organisation is liable to a civil penalty if the organisation contravenes this section.

Civil penalty:          50 penalty units.

Part 3Collection, use and disclosure of identifying information and healthcare identifiers

  

8  Authorisation of collection, use and disclosure—healthcare provider assisting a healthcare recipient to register

             (1)  This regulation is made under subsection 20(1) of the Act.

             (2)  A healthcare provider is authorised to:

                     (a)  collect from a healthcare recipient; or

                     (b)  use; or

                     (c)  disclose to the System Operator;

the identifying information or healthcare identifier of the healthcare recipient for the purposes of registering the healthcare recipient on the My Health Record System.


Schedule 1Application, saving and transitional provisions

Part 1Application provisions relating to the Health Legislation Amendment (eHealth) Regulation 2015

1  Definitions

                   In this Division:

the amending Act means the Health Legislation Amendment (eHealth) Act 2015.

the amending regulation means the Health Legislation Amendment (eHealth) Regulation 2015.

2  Application of regulations to partnerships, trusts and unincorporated associations

                   The amendment made by item 8 of Schedule 1 to the amending regulation applies to:

                     (a)  obligations arising on or after the application day, as defined in item 111 of Schedule 1 to the amending Act; and

                     (b)  offence and civil penalty provisions contravened on or after that day.

3  Requests by healthcare providers to access healthcare identifiers

                   Regulations 6 and 7 of these Regulations, as inserted by item 14 of Schedule 1 to the amending regulation, apply to requests made on or after the application day, as defined in item 111 of Schedule 1 to the amending Act.

4  Collection, use and disclosure by a healthcare provider—registering a healthcare recipient

                   Regulation 8 of these Regulations, as inserted by item 14 of Schedule 1 to the amending regulation, applies to the collection, use and disclosure of information on or after the application day, as defined in item 111 of Schedule 1 to the amending Act.


Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2—Abbreviation key

 

A = Act

o = order(s)

ad = added or inserted

Ord = Ordinance

am = amended

orig = original

amdt = amendment

par = paragraph(s)/subparagraph(s)

c = clause(s)

    /sub‑subparagraph(s)

C[x] = Compilation No. x

pres = present

Ch = Chapter(s)

prev = previous

def = definition(s)

(prev…) = previously

Dict = Dictionary

Pt = Part(s)

disallowed = disallowed by Parliament

r = regulation(s)/rule(s)

Div = Division(s)

Reg = Regulation/Regulations

exp = expires/expired or ceases/ceased to have

reloc = relocated

    effect

renum = renumbered

F = Federal Register of Legislative Instruments

rep = repealed

gaz = gazette

rs = repealed and substituted

LI = Legislative Instrument

s = section(s)/subsection(s)

LIA = Legislative Instruments Act 2003

Sch = Schedule(s)

(md) = misdescribed amendment can be given

Sdiv = Subdivision(s)

    effect

SLI = Select Legislative Instrument

(md not incorp) = misdescribed amendment

SR = Statutory Rules

    cannot be given effect

Sub‑Ch = Sub‑Chapter(s)

mod = modified/modification

SubPt = Subpart(s)

No. = Number(s)

underlining = whole or part not

 

    commenced or to be commenced

 

Endnote 3—Legislation history

 

Number and year

FRLI registration

Commencement

Application, saving and transitional provisions

190, 2010

30 June 2010 (F2010L01829)

1 July 2010

 

160, 2012

28 June 2012 (F2012L01401)

29 June 2012

142, 2013

29 June 2013 (F2013L01269)

30 June 2013

237, 2015

14 Dec 2015 (F2015L01967)

Sch 1 (items 1–15): 15 Dec 2015 (s 2)

 

Endnote 4—Amendment history

 

Provision affected

How affected

Part 1

 

Part 1 heading...........................

ad No 237, 2015

r 2A..........................................

ad No 237, 2015

r 3.............................................

am No 160, 2012; No 237, 2015

r 3A..........................................

ad No 237, 2015

r 5.............................................

am No 160, 2012; No 237, 2015

Part 2

 

Part 2 heading...........................

ad No 237, 2015

r 6.............................................

rs No 237, 2015

r 7.............................................

rs No 237, 2015

Part 3

 

Part 3 heading...........................

ad No 237, 2015

r 8.............................................

rs No 237, 2015

r 12...........................................

ad No 160, 2012

 

rs No 142, 2013

 

rep No 237, 2015

r 13...........................................

ad No 160, 2012

 

rep No 237, 2015

r 14...........................................

ad No 160, 2012

 

rep No 237, 2015

r 15...........................................

ad No 142, 2013

 

rep No 237, 2015

Schedule 1

 

Schedule 1................................

ad No 237, 2015

Part 1

 

c 1.............................................

ad No 237, 2015

c 2.............................................

ad No 237, 2015

c 3.............................................

ad No 237, 2015

c 4.............................................

ad No 237, 2015